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Summary of differences between federal and state regulations
Arrest & conviction record inquiries
Applies to state agencies. Executive Order 18-12.
Signed on May 2, 2018, Executive Order 18-12 states that no government office may ask about a criminal record “during the initial stage of a state employment application.” In addition, a criminal record shall not automatically disqualify an applicant from consideration prior to a job interview. The order makes exceptions for positions that legally require background checks and for which certain convictions would render a candidate ineligible.
In Kansas, a private employer may not ask an applicant for criminal history records to determine employment fitness without a signed release from the applicant. An employer may base an employment decision on a criminal history record, if it bears upon the safety and well-being of customers and employees or the trustworthiness of the applicant or employee. If a person has an expunged record, that person may state that he/she was never arrested for or convicted of that crime.
“Guidelines on Equal Employment Practices: Preventing Discrimination in Hiring” published by the Kansas Human Rights Commission advises that an employer ask an applicant about a conviction record only if it is “substantially related” to the applicant’s ability to perform the duties of the job.
State
Contacts
Employer immunity from disclosure claims
Arrest record inquiries
Kansas Human Rights Commission
Conviction record inquiries
Kansas Human Rights Commission
Regulations
Employer immunity from disclosure claims
Kansas Statute 44-117, Employer not to prevent discharged employee from obtaining employment
Kansas Statute 44-119a, Employer immunity from liability and suit for disclosure of employment information
Kansas Statute 44-808, Unlawful acts of employer
Kansas Statute 44-828, Prohibited practices
Arrest record inquiries
Kansas Statute 12-4516, Expungement of certain convictions, arrest records and diversion agreements
Kansas Statute 22-4710, Unlawful for employers to require certain acts; exceptions; penalties
Conviction record inquiries
Kansas Statute 12-4516, Expungement of certain convictions, arrest records and diversion agreements
Kansas Statute 22-4710, Unlawful for employers to require certain acts; exceptions; penalties
Federal
Contacts
Employer immunity from disclosure claims
None.
Arrest record inquiries
Equal Employment Opportunity Commission (EEOC)
Conviction record inquiries
Equal Employment Opportunity Commission (EEOC)
Regulations
Employer immunity from disclosure claims
None.
Arrest record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.
Conviction record inquiries
None; however, EEOC published the enforcement guidance, Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964, on April 25, 2012.